AVINASH SARGOI Vs. TARUN JAIN

JUDGEMENT

(1.) This petition has been filed seeking to quash the proceedings in STC No.4603 of 2022, pending on the file of the learned XXV Metropolitan Magistrate, Egmore.

(2.) The respondent has filed a complaint for offence under Sec. 138 of the Negotiable Instruments Act, 1881 against the partnership firm and its partners. The petitioner has been arrayed as A3 in the complaint.

(3.) The case of the respondent is that A1 Firm had borrowed a sum of Rs.10,00,000.00 from the respondent. Out of this amount, Rs.4,35,000.00 was due and payable. In order to discharge this liability, cheque was issued in favour of the respondent. When it was presented for encashment, it was returned with an endorsement 'stop payment'. After exchange of statutory notice, the complaint came to be filed before the Court below.